Illinois General Assembly - Full Text of HB4503
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Full Text of HB4503  95th General Assembly

HB4503 95TH GENERAL ASSEMBLY

 


 
95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008
HB4503

 

Introduced , by Rep. Sandra M. Pihos

 

SYNOPSIS AS INTRODUCED:
 
225 ILCS 65/Art. 80 heading new
225 ILCS 65/80-5 new
225 ILCS 65/80-10 new
225 ILCS 65/80-15 new
225 ILCS 65/80-20 new
225 ILCS 65/50-10  was 225 ILCS 65/5-10
225 ILCS 65/50-15  was 225 ILCS 65/5-15
225 ILCS 65/55-10  was 225 ILCS 65/10-30
225 ILCS 65/60-10

    Creates the Nurse Licensure Compact Act. Allows for reciprocity of licensure of licensed practical nurses and registered nurses among the states. Provides for administration of the Compact by the Nursing Act Coordinator. Provides that the licensing board shall participate in a Compact Evaluation Initiative designed to evaluate the effectiveness and operability of the Compact. Provides that the Compact does not relieve employers from complying with statutorily imposed obligations. Provides that the Compact does not supersede existing State labor laws. Amends the Nurse Practice Act to make changes relating to the purposes of the Compact. Effective January 1, 2009.


LRB095 17744 RAS 43820 b

FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

HB4503 LRB095 17744 RAS 43820 b

1     AN ACT concerning the licensure of nurses.
 
2     Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
 
4     Section 5. The Nurse Practice Act is amended by adding
5 Article 80 as follows:
 
6     (225 ILCS 65/Art. 80 heading new)
7
ARTICLE 80. NURSE LICENSURE COMPACT

 
8     (225 ILCS 65/80-5 new)
9     (Section scheduled to be repealed on January 1, 2018)
10     Sec. 80-5. Nurse Licensure Compact. The State of Illinois
11 ratifies and approves the Nurse Licensure Compact and enters
12 into it with all other jurisdictions that legally join in the
13 compact. The General Assembly finds that no amendment by the
14 General Assembly to the provisions of the Compact contained in
15 this Act shall become effective and binding upon the Compact
16 and the Compact party states unless and until the Nurse
17 Licensure Compact Administrators (NLCA) enact the amendment to
18 the Articles of Organization of the NCLA. The Nurse Licensure
19 Compact is, in form, substantially as follows:
 
20
PART I.
21
Findings and Declaration of Purpose

 

 

 

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1     (a) The party states find that:
2         (1) the health and safety of the public are affected by
3 the degree of compliance with and the effectiveness of
4 enforcement activities related to state nurse licensure laws;
5         (2) violations of nurse licensure and other laws
6     regulating the practice of nursing may result in injury or
7     harm to the public;
8         (3) the expanded mobility of nurses and the use of
9     advanced communication technologies as part of our
10     nation's healthcare delivery system require greater
11     coordination and cooperation among states in the areas of
12     nurse licensure and regulation;
13         (4) new practice modalities and technology make
14     compliance with individual state nurse licensure laws
15     difficult and complex;
16         (5) the current system of duplicative licensure for
17     nurses practicing in multiple states is cumbersome and
18     redundant to both nurses and states.
19     (b) The general purposes of this Compact are to:
20         (1) facilitate the states' responsibility to protect
21     the public's health and safety;
22         (2) ensure and encourage the cooperation of party
23     states in the areas of nurse licensure and regulation;
24         (3) facilitate the exchange of information between
25     party states in the areas of nurse regulation,

 

 

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1     investigation and adverse actions;
2         (4) promote compliance with the laws governing the
3     practice of nursing in each jurisdiction;
4         (5) invest all party states with the authority to hold
5     a nurse accountable for meeting all state practice laws in
6     the state in which the patient is located at the time care
7     is rendered through the mutual recognition of party state
8     licenses.
 
9
PART II.
10
Definitions

 
11     As used in this Compact:
12     (a) "Adverse Action" means a home or remote state action.
13     (b) "Alternative program" means a voluntary,
14 non-disciplinary monitoring program approved by a nurse
15 licensing board.
16     (c) "Coordinated licensure information system" means an
17 integrated process for collecting, storing, and sharing
18 information on nurse licensure and enforcement activities
19 related to nurse licensure laws, which is administered by a
20 non-profit organization composed of and controlled by state
21 nurse licensing boards.
22     (d) "Current significant investigative information" means:
23         (1) investigative information that a licensing board,
24     after a preliminary inquiry that includes notification and

 

 

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1     an opportunity for the nurse to respond if required by
2     state law, has reason to believe is not groundless and, if
3     proved true, would indicate more than a minor infraction;
4     or
5         (2) investigative information that indicates that the
6     nurse represents an immediate threat to public health and
7     safety regardless of whether the nurse has been notified
8     and had an opportunity to respond.
9     (e) "Home state" means the party state which is the nurse's
10 primary state of residence.
11     (f) "Home state action" means any administrative, civil,
12 equitable or criminal action permitted by the home state's laws
13 which are imposed on a nurse by the home state's licensing
14 board or other authority including actions against an
15 individual's license such as: revocation, suspension,
16 probation or any other action which affects a nurse's
17 authorization to practice.
18     (g) "Licensing board" means a party state's regulatory body
19 responsible for issuing nurse licenses.
20     (h) "Multistate licensure privilege" means current,
21 official authority from a remote state permitting the practice
22 of nursing as either a registered nurse or a licensed
23 practical/vocational nurse in such party state. All party
24 states have the authority, in accordance with existing state
25 due process law, to take actions against the nurse's privilege
26 such as: revocation, suspension, probation or any other action

 

 

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1 which affects a nurse's authorization to practice.
2     (i) "Nurse" means a registered nurse or licensed
3 practical/vocational nurse, as those terms are defined by each
4 party's state practice laws.
5     (j) "Party state" means any state that has adopted this
6 Compact.
7     (k) "Remote state" means a party state, other than the home
8 state,
9         (1) where the patient is located at the time nursing
10     care is provided, or,
11         (2) in the case of the practice of nursing not
12     involving a patient, in such party state where the
13     recipient of nursing practice is located.
14     (l) "Remote state action" means:
15         (1) any administrative, civil, equitable or criminal
16     action permitted by a remote state's laws which are imposed
17     on a nurse by the remote state's licensing board or other
18     authority including actions against an individual's
19     multistate licensure privilege to practice in the remote
20     state, and
21         (2) cease and desist and other injunctive or equitable
22     orders issued by remote states or the licensing boards
23     thereof.
24     (m) "State" means a state, territory, or possession of the
25 United States, the District of Columbia or the Commonwealth of
26 Puerto Rico.

 

 

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1     (n) "State practice laws" means those individual party's
2 state laws and regulations that govern the practice of nursing,
3 define the scope of nursing practice, and create the methods
4 and grounds for imposing discipline. "State practice laws" does
5 not include the initial qualifications for licensure or
6 requirements necessary to obtain and retain a license, except
7 for qualifications or requirements of the home state.
 
8
PART III.
9
General Provisions and Jurisdiction

 
10     (a) A license to practice registered nursing issued by a
11 home state to a resident in that state will be recognized by
12 each party state as authorizing a multistate licensure
13 privilege to practice as a registered nurse in such party
14 state. A license to practice licensed practical/vocational
15 nursing issued by a home state to a resident in that state will
16 be recognized by each party state as authorizing a multistate
17 licensure privilege to practice as a licensed
18 practical/vocational nurse in such party state. In order to
19 obtain or retain a license, an applicant must meet the home
20 state's qualifications for licensure and license renewal as
21 well as all other applicable state laws.
22     (b) Party states may, in accordance with state due process
23 laws, limit or revoke the multistate licensure privilege of any
24 nurse to practice in their state and may take any other actions

 

 

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1 under their applicable state laws necessary to protect the
2 health and safety of their citizens. If a party state takes
3 such action, it shall promptly notify the administrator of the
4 coordinated licensure information system. The administrator of
5 the coordinated licensure information system shall promptly
6 notify the home state of any such actions by remote states.
7     (c) Every nurse practicing in a party state must comply
8 with the state practice laws of the state in which the patient
9 is located at the time care is rendered. In addition, the
10 practice of nursing is not limited to patient care, but shall
11 include all nursing practice as defined by the state practice
12 laws of a party state. The practice of nursing will subject a
13 nurse to the jurisdiction of the nurse licensing board and the
14 courts, as well as the laws, in that party state.
15     (d) This Compact does not affect additional requirements
16 imposed by states for advanced practice registered nursing.
17 However, a multistate licensure privilege to practice
18 registered nursing granted by a party state shall be recognized
19 by other party states as a license to practice registered
20 nursing if one is required by state law as a precondition for
21 qualifying for advanced practice registered nurse
22 authorization.
23     (e) Individuals not residing in a party state shall
24 continue to be able to apply for nurse licensure as provided
25 for under the laws of each party state. However, the license
26 granted to these individuals will not be recognized as granting

 

 

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1 the privilege to practice nursing in any other party state
2 unless explicitly agreed to by that party state.
 
3
PART IV.
4
Applications for Licensure in a Party State

 
5     (a) Upon application for a license, the licensing board in
6 a party state shall ascertain, through the coordinated
7 licensure information system, whether the applicant has ever
8 held, or is the holder of, a license issued by any other state,
9 whether there are any restrictions on the multistate licensure
10 privilege, and whether any other adverse action by any state
11 has been taken against the license.
12     (b) A nurse in a party state shall hold licensure in only
13 one party state at a time, issued by the home state.
14     (c) A nurse who intends to change primary state of
15 residence may apply for licensure in the new home state in
16 advance of such change. However, new licenses will not be
17 issued by a party state until after a nurse provides evidence
18 of change in primary state of residence satisfactory to the new
19 home state's licensing board.
20     (d) When a nurse changes primary state of residence by:
21         (1) moving between two party states, and obtains a
22     license from the new home state, the license from the
23     former home state is no longer valid;
24         (2) moving from a non-party state to a party state, and

 

 

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1     obtains a license from the new home state, the individual
2     state license issued by the non-party state is not affected
3     and will remain in full force if so provided by the laws of
4     the non-party state;
5         (3) moving from a party state to a non-party state, the
6     license issued by the prior home state converts to an
7     individual state license, valid only in the former home
8     state, without the multistate licensure privilege to
9     practice in other party states.
 
10
PART V.
11
Adverse Actions

 
12     In addition to the General Provisions described in Article
13 III, the following provisions apply:
14     (a) The licensing board of a remote state shall promptly
15 report to the administrator of the coordinated licensure
16 information system any remote state actions including the
17 factual and legal basis for such action, if known. The
18 licensing board of a remote state shall also promptly report
19 any significant current investigative information yet to
20 result in a remote state action. The administrator of the
21 coordinated licensure information system shall promptly notify
22 the home state of any such reports.
23     (b) The licensing board of a party state shall have the
24 authority to complete any pending investigations for a nurse

 

 

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1 who changes primary state of residence during the course of
2 such investigations. It shall also have the authority to take
3 appropriate action(s), and shall promptly report the
4 conclusions of such investigations to the administrator of the
5 coordinated licensure information system. The administrator of
6 the coordinated licensure information system shall promptly
7 notify the new home state of any such actions.
8     (c) A remote state may take adverse action affecting the
9 multistate licensure privilege to practice within that party
10 state. However, only the home state shall have the power to
11 impose adverse action against the license issued by the home
12 state.
13     (d) For purposes of imposing adverse action, the licensing
14 board of the home state shall give the same priority and effect
15 to reported conduct received from a remote state as it would if
16 such conduct had occurred within the home state. In so doing,
17 it shall apply its own state laws to determine appropriate
18 action.
19     (e) The home state may take adverse action based on the
20 factual findings of the remote state, so long as each state
21 follows its own procedures for imposing such adverse action.
22     (f) Nothing in this Compact shall override a party state's
23 decision that participation in an alternative program may be
24 used in lieu of licensure action and that such participation
25 shall remain non-public if required by the party state's laws.
26 Party states must require nurses who enter any alternative

 

 

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1 programs to agree not to practice in any other party state
2 during the term of the alternative program without prior
3 authorization from such other party state.
 
4
PART VI.
5
Additional Authorities Invested
6
in Party State Nurse Licensing Boards

 
7     Notwithstanding any other powers, party state nurse
8 licensing boards shall have the authority to:
9     (a) if otherwise permitted by state law, recover from the
10 affected nurse the costs of investigations and disposition of
11 cases resulting from any adverse action taken against that
12 nurse;
13     (b) issue subpoenas for both hearings and investigations
14 which require the attendance and testimony of witnesses, and
15 the production of evidence. Subpoenas issued by a nurse
16 licensing board in a party state for the attendance and
17 testimony of witnesses, and/or the production of evidence from
18 another party state, shall be enforced in the latter state by
19 any court of competent jurisdiction, according to the practice
20 and procedure of that court applicable to subpoenas issued in
21 proceedings pending before it. The issuing authority shall pay
22 any witness fees, travel expenses, mileage and other fees
23 required by the service statutes of the state where the
24 witnesses and/or evidence are located;

 

 

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1      (c) issue cease and desist orders to limit or revoke a
2 nurse's authority to practice in their state;
3     (d) promulgate uniform rules and regulations as provided
4 for in Article VIII(c).
 
5
PART VII.
6
Coordinated Licensure Information System

 
7     (a) All party states shall participate in a cooperative
8 effort to create a coordinated data base of all licensed
9 registered nurses and licensed practical/vocational nurses.
10 This system will include information on the licensure and
11 disciplinary history of each nurse, as contributed by party
12 states, to assist in the coordination of nurse licensure and
13 enforcement efforts.
14     (b) Notwithstanding any other provision of law, all party
15 states' licensing boards shall promptly report adverse
16 actions, actions against multistate licensure privileges, any
17 current significant investigative information yet to result in
18 adverse action, denials of applications, and the reasons for
19 such denials, to the coordinated licensure information system.
20     (c) Current significant investigative information shall be
21 transmitted through the coordinated licensure information
22 system only to party state licensing boards.
23     (d) Notwithstanding any other provision of law, all party
24 states' licensing boards contributing information to the

 

 

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1 coordinated licensure information system may designate
2 information that may not be shared with non-party states or
3 disclosed to other entities or individuals without the express
4 permission of the contributing state.
5     (e) Any personally identifiable information obtained by a
6 party states' licensing board from the coordinated licensure
7 information system may not be shared with non-party states or
8 disclosed to other entities or individuals except to the extent
9 permitted by the laws of the party state contributing the
10 information.
11     (f) Any information contributed to the coordinated
12 licensure information system that is subsequently required to
13 be expunged by the laws of the party state contributing that
14 information, shall also be expunged from the coordinated
15 licensure information system.
16     (g) The Compact administrators, acting jointly with each
17 other and in consultation with the administrator of the
18 coordinated licensure information system, shall formulate
19 necessary and proper procedures for the identification,
20 collection and exchange of information under this Compact.
 
21
PART VIII.
22
Compact Administration and
23
Interchange of Information

 
24     (a) The head of the nurse licensing board, or his/her

 

 

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1 designee, of each party state shall be the administrator of
2 this Compact for his/her state.
3     (b) The Compact administrator of each party state shall
4 furnish to the Compact administrator of each other party state
5 any information and documents including, but not limited to, a
6 uniform data set of investigations, identifying information,
7 licensure data, and disclosable alternative program
8 participation information to facilitate the administration of
9 this Compact.
10     (c) Compact administrators shall have the authority to
11 develop uniform rules to facilitate and coordinate
12 implementation of this Compact. These uniform rules shall be
13 adopted by party states, under the authority invested under
14 Article VI(d).
 
15
PART IX.
16
Immunity

 
17     No party state or the officers or employees or agents of a
18 party state's nurse licensing board who acts in accordance with
19 the provisions of this Compact shall be liable on account of
20 any act or omission in good faith while engaged in the
21 performance of their duties under this Compact. Good faith in
22 this article shall not include willful misconduct, gross
23 negligence, or recklessness.
 

 

 

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1
PART X.
2
Entry into Force, Withdrawal and Amendment

 
3     (a) This Compact shall enter into force and become
4 effective as to any state when it has been enacted into the
5 laws of that state. Any party state may withdraw from this
6 Compact by enacting a statute repealing the same, but no such
7 withdrawal shall take effect until six months after the
8 withdrawing state has given notice of the withdrawal to the
9 executive heads of all other party states.
10     (b) No withdrawal shall affect the validity or
11 applicability by the licensing boards of states remaining party
12 to the Compact of any report of adverse action occurring prior
13 to the withdrawal.
14     (c) Nothing contained in this Compact shall be construed to
15 invalidate or prevent any nurse licensure agreement or other
16 cooperative arrangement between a party state and a non-party
17 state that is made in accordance with the other provisions of
18 this Compact.
19     (d) This Compact may be amended by the party states. No
20 amendment to this Compact shall become effective and binding
21 upon the party states unless and until it is enacted into the
22 laws of all party states.
 
23
PART XI.
24
Construction and Severability

 

 

 

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1     (a) This Compact shall be liberally construed so as to
2 effectuate the purposes thereof. The provisions of this Compact
3 shall be severable and if any phrase, clause, sentence or
4 provision of this Compact is declared to be contrary to the
5 constitution of any party state or of the United States or the
6 applicability thereof to any government, agency, person or
7 circumstance is held invalid, the validity of the remainder of
8 this Compact and the applicability thereof to any government,
9 agency, person or circumstance shall not be affected thereby.
10 If this Compact shall be held contrary to the constitution of
11 any state party thereto, the Compact shall remain in full force
12 and effect as to the remaining party states and in full force
13 and effect as to the party state affected as to all severable
14 matters.
15     (b) In the event party states find a need for settling
16 disputes arising under this Compact:
17         (1) The party states may submit the issues in dispute
18     to an arbitration panel which will be comprised of an
19     individual appointed by the Compact administrator in the
20     home state; an individual appointed by the Compact
21     administrator in the remote state(s) involved; and an
22     individual mutually agreed upon by the Compact
23     administrators of all the party states involved in the
24     dispute.
25         (2) The decision of a majority of the arbitrators shall

 

 

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1     be final and binding.
 
2     (225 ILCS 65/80-10 new)
3     (Section scheduled to be repealed on January 1, 2018)
4     Sec. 80-10. Costs of investigation and disposition of
5 cases. To facilitate cross-state enforcement efforts, the
6 General Assembly finds that it is necessary for Illinois to
7 have the power to recover from the affected nurse the costs of
8 investigations and disposition of cases resulting from adverse
9 actions taken by this State against that nurse.
 
10     (225 ILCS 65/80-15 new)
11     (Section scheduled to be repealed on January 1, 2018)
12     Sec. 80-15. Statutory obligations. This Compact is
13 designed to facilitate the regulation of nurses and does not
14 relieve employers from complying with statutorily imposed
15 obligations.
 
16     (225 ILCS 65/80-20 new)
17     (Section scheduled to be repealed on January 1, 2018)
18     Sec. 80-20. State labor laws. This Compact does not
19 supersede existing State labor laws.
 
20     Section 90. The Nurse Practice Act is amended by changing
21 Sections 50-10, 50-15, 55-10, and 60-10 as follows:
 

 

 

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1     (225 ILCS 65/50-10)   (was 225 ILCS 65/5-10)
2     (Section scheduled to be repealed on January 1, 2018)
3     Sec. 50-10. Definitions. Each of the following terms, when
4 used in this Act, shall have the meaning ascribed to it in this
5 Section, except where the context clearly indicates otherwise:
6     "Academic year" means the customary annual schedule of
7 courses at a college, university, or approved school,
8 customarily regarded as the school year as distinguished from
9 the calendar year.
10     "Advanced practice nurse" or "APN" means a person who has
11 met the qualifications for a (i) certified nurse midwife (CNM);
12 (ii) certified nurse practitioner (CNP); (iii) certified
13 registered nurse anesthetist (CRNA); or (iv) clinical nurse
14 specialist (CNS) and has been licensed by the Department. All
15 advanced practice nurses licensed and practicing in the State
16 of Illinois shall use the title APN and may use speciality
17 credentials after their name.
18     "Approved program of professional nursing education" and
19 "approved program of practical nursing education" are programs
20 of professional or practical nursing, respectively, approved
21 by the Department under the provisions of this Act.
22     "Board" means the Board of Nursing appointed by the
23 Secretary.
24     "Collaboration" means a process involving 2 or more health
25 care professionals working together, each contributing one's
26 respective area of expertise to provide more comprehensive

 

 

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1 patient care.
2     "Consultation" means the process whereby an advanced
3 practice nurse seeks the advice or opinion of another health
4 care professional.
5     "Credentialed" means the process of assessing and
6 validating the qualifications of a health care professional.
7     "Current nursing practice update course" means a planned
8 nursing education curriculum approved by the Department
9 consisting of activities that have educational objectives,
10 instructional methods, content or subject matter, clinical
11 practice, and evaluation methods, related to basic review and
12 updating content and specifically planned for those nurses
13 previously licensed in the United States or its territories and
14 preparing for reentry into nursing practice.
15     "Dentist" means a person licensed to practice dentistry
16 under the Illinois Dental Practice Act.
17     "Department" means the Department of Financial and
18 Professional Regulation.
19     "Impaired nurse" means a nurse licensed under this Act who
20 is unable to practice with reasonable skill and safety because
21 of a physical or mental disability as evidenced by a written
22 determination or written consent based on clinical evidence,
23 including loss of motor skills, abuse of drugs or alcohol, or a
24 psychiatric disorder, of sufficient degree to diminish his or
25 her ability to deliver competent patient care.
26     "License" or "licensed" means the permission granted a

 

 

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1 person to practice nursing under this Act, including the
2 privilege to practice.
3     "Licensee" means a person who has been issued a license to
4 practice nursing in the state or who holds the privilege to
5 practice nursing in this State.
6     "License-pending advanced practice nurse" means a
7 registered professional nurse who has completed all
8 requirements for licensure as an advanced practice nurse except
9 the certification examination and has applied to take the next
10 available certification exam and received a temporary license
11 from the Department.
12     "License-pending registered nurse" means a person who has
13 passed the Department-approved registered nurse licensure exam
14 and has applied for a license from the Department. A
15 license-pending registered nurse shall use the title "RN lic
16 pend" on all documentation related to nursing practice.
17     "Physician" means a person licensed to practice medicine in
18 all its branches under the Medical Practice Act of 1987.
19     "Podiatrist" means a person licensed to practice podiatry
20 under the Podiatric Medical Practice Act of 1987.
21     "Practical nurse" or "licensed practical nurse" means a
22 person who is licensed as a practical nurse under this Act or
23 holds the privilege to practice under this Act and practices
24 practical nursing as defined in this Act. Only a practical
25 nurse licensed or granted the privilege to practice under this
26 Act is entitled to use the title "licensed practical nurse" and

 

 

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1 the abbreviation "L.P.N.".
2     "Practical nursing" means the performance of nursing acts
3 requiring the basic nursing knowledge, judgement, and skill
4 acquired by means of completion of an approved practical
5 nursing education program. Practical nursing includes
6 assisting in the nursing process as delegated by a registered
7 professional nurse or an advanced practice nurse. The practical
8 nurse may work under the direction of a licensed physician,
9 dentist, podiatrist, or other health care professional
10 determined by the Department.
11     "Privileged" means the authorization granted by the
12 governing body of a healthcare facility, agency, or
13 organization to provide specific patient care services within
14 well-defined limits, based on qualifications reviewed in the
15 credentialing process.
16     "Privilege to practice" means the authorization to
17 practice as a practical nurse or a registered nurse in the
18 State under Article 80 of this Act.
19     "Registered Nurse" or "Registered Professional Nurse"
20 means a person who is licensed as a professional nurse under
21 this Act or holds the privilege to practice under this Act and
22 practices nursing as defined in this Act. Only a registered
23 nurse licensed or granted the privilege to practice under this
24 Act is entitled to use the titles "registered nurse" and
25 "registered professional nurse" and the abbreviation, "R.N.".
26     "Registered professional nursing practice" is a scientific

 

 

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1 process founded on a professional body of knowledge; it is a
2 learned profession based on the understanding of the human
3 condition across the life span and environment and includes all
4 nursing specialities and means the performance of any nursing
5 act based upon professional knowledge, judgment, and skills
6 acquired by means of completion of an approved professional
7 nursing education program. A registered professional nurse
8 provides holistic nursing care through the nursing process to
9 individuals, groups, families, or communities, that includes
10 but is not limited to: (1) the assessment of healthcare needs,
11 nursing diagnosis, planning, implementation, and nursing
12 evaluation; (2) the promotion, maintenance, and restoration of
13 health; (3) counseling, patient education, health education,
14 and patient advocacy; (4) the administration of medications and
15 treatments as prescribed by a physician licensed to practice
16 medicine in all of its branches, a licensed dentist, a licensed
17 podiatrist, or a licensed optometrist or as prescribed by a
18 physician assistant in accordance with written guidelines
19 required under the Physician Assistant Practice Act of 1987 or
20 by an advanced practice nurse in accordance with Article 65 of
21 this Act; (5) the coordination and management of the nursing
22 plan of care; (6) the delegation to and supervision of
23 individuals who assist the registered professional nurse
24 implementing the plan of care; and (7) teaching nursing
25 students. The foregoing shall not be deemed to include those
26 acts of medical diagnosis or prescription of therapeutic or

 

 

HB4503 - 23 - LRB095 17744 RAS 43820 b

1 corrective measures.
2     "Professional assistance program for nurses" means a
3 professional assistance program that meets criteria
4 established by the Board of Nursing and approved by the
5 Secretary, which provides a non-disciplinary treatment
6 approach for nurses licensed under this Act whose ability to
7 practice is compromised by alcohol or chemical substance
8 addiction.
9     "Secretary" means the Secretary of Financial and
10 Professional Regulation.
11     "Unencumbered license" means a license issued in good
12 standing.
13     "Written collaborative agreement" means a written
14 agreement between an advanced practice nurse and a
15 collaborating physician, dentist, or podiatrist pursuant to
16 Section 65-35.
17 (Source: P.A. 95-639, eff. 10-5-07.)
 
18     (225 ILCS 65/50-15)   (was 225 ILCS 65/5-15)
19     (Section scheduled to be repealed on January 1, 2018)
20     Sec. 50-15. Policy; application of Act.
21     (a) For the protection of life and the promotion of health,
22 and the prevention of illness and communicable diseases, any
23 person practicing or offering to practice advanced,
24 professional, or practical nursing in Illinois shall submit
25 evidence that he or she is qualified to practice, and shall be

 

 

HB4503 - 24 - LRB095 17744 RAS 43820 b

1 licensed or hold the privilege to practice as provided under
2 this Act. No person shall practice or offer to practice
3 advanced, professional, or practical nursing in Illinois or use
4 any title, sign, card or device to indicate that such a person
5 is practicing professional or practical nursing unless such
6 person has been licensed or holds the privilege to practice
7 under the provisions of this Act.
8     (b) This Act does not prohibit the following:
9         (1) The practice of nursing in Federal employment in
10     the discharge of the employee's duties by a person who is
11     employed by the United States government or any bureau,
12     division or agency thereof and is a legally qualified and
13     licensed nurse of another state or territory and not in
14     conflict with Sections 50-50, 55-10, 60-10, and 70-5 of
15     this Act.
16         (2) Nursing that is included in the program of study by
17     students enrolled in programs of nursing or in current
18     nurse practice update courses approved by the Department.
19         (3) The furnishing of nursing assistance in an
20     emergency.
21         (4) The practice of nursing by a nurse who holds an
22     active license in another state when providing services to
23     patients in Illinois during a bonafide emergency or in
24     immediate preparation for or during interstate transit.
25         (5) The incidental care of the sick by members of the
26     family, domestic servants or housekeepers, or care of the

 

 

HB4503 - 25 - LRB095 17744 RAS 43820 b

1     sick where treatment is by prayer or spiritual means.
2         (6) Persons from being employed as unlicensed
3     assistive personnel in private homes, long term care
4     facilities, nurseries, hospitals or other institutions.
5         (7) The practice of practical nursing by one who is a
6     licensed practical nurse under the laws of another U.S.
7     jurisdiction and has applied in writing to the Department,
8     in form and substance satisfactory to the Department, for a
9     license as a licensed practical nurse and who is qualified
10     to receive such license under this Act, until (i) the
11     expiration of 6 months after the filing of such written
12     application, (ii) the withdrawal of such application, or
13     (iii) the denial of such application by the Department.
14         (8) The practice of advanced practice nursing by one
15     who is an advanced practice nurse under the laws of another
16     state, territory of the United States, or country and has
17     applied in writing to the Department, in form and substance
18     satisfactory to the Department, for a license as an
19     advanced practice nurse and who is qualified to receive
20     such license under this Act, until (i) the expiration of 6
21     months after the filing of such written application, (ii)
22     the withdrawal of such application, or (iii) the denial of
23     such application by the Department.
24         (9) The practice of professional nursing by one who is
25     a registered professional nurse under the laws of another
26     state, territory of the United States or country and has

 

 

HB4503 - 26 - LRB095 17744 RAS 43820 b

1     applied in writing to the Department, in form and substance
2     satisfactory to the Department, for a license as a
3     registered professional nurse and who is qualified to
4     receive such license under Section 55-10, until (1) the
5     expiration of 6 months after the filing of such written
6     application, (2) the withdrawal of such application, or (3)
7     the denial of such application by the Department.
8         (10) The practice of professional nursing that is
9     included in a program of study by one who is a registered
10     professional nurse under the laws of another state or
11     territory of the United States or foreign country,
12     territory or province and who is enrolled in a graduate
13     nursing education program or a program for the completion
14     of a baccalaureate nursing degree in this State, which
15     includes clinical supervision by faculty as determined by
16     the educational institution offering the program and the
17     health care organization where the practice of nursing
18     occurs.
19         (11) Any person licensed in this State under any other
20     Act from engaging in the practice for which she or he is
21     licensed.
22         (12) Delegation to authorized direct care staff
23     trained under Section 15.4 of the Mental Health and
24     Developmental Disabilities Administrative Act consistent
25     with the policies of the Department.
26     (13) Nothing in this Act shall be construed to limit the

 

 

HB4503 - 27 - LRB095 17744 RAS 43820 b

1 delegation of tasks or duties by a physician, dentist, or
2 podiatrist to a licensed practical nurse, a registered
3 professional nurse, or other persons.
4 (Source: P.A. 95-639, eff. 10-5-07; revised 12-7-07.)
 
5     (225 ILCS 65/55-10)   (was 225 ILCS 65/10-30)
6     (Section scheduled to be repealed on January 1, 2018)
7     Sec. 55-10. Qualifications for LPN licensure.
8     (a) Each applicant who successfully meets the requirements
9 of this Section shall be entitled to licensure as a Licensed
10 Practical Nurse.
11     (b) An applicant for licensure by examination to practice
12 as a practical nurse must do each of the following:
13         (1) Submit a completed written application, on forms
14     provided by the Department and fees as established by the
15     Department.
16         (2) Have graduated from a practical nursing education
17     program approved by the Department or have been granted a
18     certificate of completion of pre-licensure requirements
19     from another United States jurisdiction.
20         (3) Successfully complete a licensure examination
21     approved by the Department.
22         (4) Have not violated the provisions of this Act
23     concerning the grounds for disciplinary action. The
24     Department may take into consideration any felony
25     conviction of the applicant, but such a conviction shall

 

 

HB4503 - 28 - LRB095 17744 RAS 43820 b

1     not operate as an absolute bar to licensure.
2         (5) Submit to the criminal history records check
3     required under Section 50-35 of this Act.
4         (6) Submit either to the Department or its designated
5     testing service, a fee covering the cost of providing the
6     examination. Failure to appear for the examination on the
7     scheduled date at the time and place specified after the
8     applicant's application for examination has been received
9     and acknowledged by the Department or the designated
10     testing service shall result in the forfeiture of the
11     examination fee.
12         (7) Meet all other requirements established by rule.
13     An applicant for licensure by examination may take the
14 Department-approved examination in another jurisdiction.
15     (b-5) If an applicant for licensure by examination
16 neglects, fails, or refuses to take an examination or fails to
17 pass an examination for a license under this Act within 3 years
18 after filing the application, the application shall be denied.
19 The applicant must enroll in and complete an approved practical
20 nursing education program prior to submitting an additional
21 application for the licensure exam.
22     An applicant may take and successfully complete a
23 Department-approved examination in another jurisdiction.
24 However, an applicant who has never been licensed previously in
25 any jurisdiction that utilizes a Department-approved
26 examination and who has taken and failed to pass the

 

 

HB4503 - 29 - LRB095 17744 RAS 43820 b

1 examination within 3 years after filing the application must
2 submit proof of successful completion of a
3 Department-authorized nursing education program or
4 recompletion of an approved licensed practical nursing program
5 prior to re-application.
6     (c) An applicant for licensure by examination shall have
7 one year from the date of notification of successful completion
8 of the examination to apply to the Department for a license. If
9 an applicant fails to apply within one year, the applicant
10 shall be required to retake and pass the examination unless
11 licensed in another jurisdiction of the United States.
12     (d) A licensed practical nurse applicant who passes the
13 Department-approved licensure examination and has applied to
14 the Department for licensure may obtain employment as a
15 license-pending practical nurse and practice as delegated by a
16 registered professional nurse or an advanced practice nurse or
17 physician. An individual may be employed as a license-pending
18 practical nurse if all of the following criteria are met:
19         (1) He or she has completed and passed the
20     Department-approved licensure exam and presents to the
21     employer the official written notification indicating
22     successful passage of the licensure examination.
23         (2) He or she has completed and submitted to the
24     Department an application for licensure under this Section
25     as a practical nurse.
26         (3) He or she has submitted the required licensure fee.

 

 

HB4503 - 30 - LRB095 17744 RAS 43820 b

1         (4) He or she has met all other requirements
2     established by rule, including having submitted to a
3     criminal history records check.
4     (e) The privilege to practice as a license-pending
5 practical nurse shall terminate with the occurrence of any of
6 the following:
7         (1) Three months have passed since the official date of
8     passing the licensure exam as inscribed on the formal
9     written notification indicating passage of the exam. This
10     3-month period may be extended as determined by rule.
11         (2) Receipt of the practical nurse license from the
12     Department.
13         (3) Notification from the Department that the
14     application for licensure has been denied.
15         (4) A request by the Department that the individual
16     terminate practicing as a license-pending practical nurse
17     until an official decision is made by the Department to
18     grant or deny a practical nurse license.
19     (f) An applicant for licensure by endorsement who is a
20 licensed practical nurse licensed by examination under the laws
21 of another state or territory of the United States or a foreign
22 country, jurisdiction, territory, or province must do each of
23 the following:
24         (1) Submit a completed written application, on forms
25     supplied by the Department, and fees as established by the
26     Department.

 

 

HB4503 - 31 - LRB095 17744 RAS 43820 b

1         (2) Have graduated from a practical nursing education
2     program approved by the Department.
3         (3) Submit verification of licensure status directly
4     from the United States jurisdiction of licensure, if
5     applicable, as defined by rule.
6         (4) Submit to the criminal history records check
7     required under Section 50-35 of this Act.
8         (5) Meet all other requirements as established by the
9     Department by rule.
10     (g) All applicants for practical nurse licensure by
11 examination or endorsement who are graduates of nursing
12 educational programs in a country other than the United States
13 or its territories shall have their nursing education
14 credentials evaluated by a Department-approved nursing
15 credentialing evaluation service. No such applicant may be
16 issued a license under this Act unless the applicant's program
17 is deemed by the nursing credentialing evaluation service to be
18 equivalent to a professional nursing education program
19 approved by the Department. An applicant who has graduated from
20 a nursing educational program outside of the United States or
21 its territories and whose first language is not English shall
22 submit certification of passage of the Test of English as a
23 Foreign Language (TOEFL), as defined by rule. The Department
24 may, upon recommendation from the nursing evaluation service,
25 waive the requirement that the applicant pass the TOEFL
26 examination if the applicant submits verification of the

 

 

HB4503 - 32 - LRB095 17744 RAS 43820 b

1 successful completion of a nursing education program conducted
2 in English. The requirements of this subsection (d) may be
3 satisfied by the showing of proof of a certificate from the
4 Certificate Program or the VisaScreen Program of the Commission
5 on Graduates of Foreign Nursing Schools.
6     (h) An applicant licensed in another state or territory who
7 is applying for licensure and has received her or his education
8 in a country other than the United States or its territories
9 shall have her or his nursing education credentials evaluated
10 by a Department-approved nursing credentialing evaluation
11 service. No such applicant may be issued a license under this
12 Act unless the applicant's program is deemed by the nursing
13 credentialing evaluation service to be equivalent to a
14 professional nursing education program approved by the
15 Department. An applicant who has graduated from a nursing
16 educational program outside of the United States or its
17 territories and whose first language is not English shall
18 submit certification of passage of the Test of English as a
19 Foreign Language (TOEFL), as defined by rule. The Department
20 may, upon recommendation from the nursing evaluation service,
21 waive the requirement that the applicant pass the TOEFL
22 examination if the applicant submits verification of the
23 successful completion of a nursing education program conducted
24 in English or the successful passage of an approved licensing
25 examination given in English. The requirements of this
26 subsection (d-5) may be satisfied by the showing of proof of a

 

 

HB4503 - 33 - LRB095 17744 RAS 43820 b

1 certificate from the Certificate Program or the VisaScreen
2 Program of the Commission on Graduates of Foreign Nursing
3 Schools.
4     (i) A licensed practical nurse who holds an unencumbered
5 license in good standing in another United States jurisdiction
6 and who has applied for practical nurse licensure under this
7 Act by endorsement may be issued a temporary license, if
8 satisfactory proof of such licensure in another jurisdiction is
9 presented to the Department. The Department shall not issue an
10 applicant a temporary practical nurse license until it is
11 satisfied that the applicant holds an active, unencumbered
12 license in good standing in another jurisdiction. If the
13 applicant holds more than one current active license or one or
14 more active temporary licenses from another jurisdiction, the
15 Department may not issue a temporary license until the
16 Department is satisfied that each current active license held
17 by the applicant is unencumbered. The temporary license, which
18 shall be issued no later than 14 working days following receipt
19 by the Department of an application for the temporary license,
20 shall be granted upon the submission of all of the following to
21 the Department:
22         (1) A completed application for licensure as a
23     practical nurse.
24         (2) Proof of a current, active license in at least one
25     other jurisdiction of the United States and proof that each
26     current active license or temporary license held by the

 

 

HB4503 - 34 - LRB095 17744 RAS 43820 b

1     applicant within the last 5 years is unencumbered.
2         (3) A signed and completed application for a temporary
3     license.
4         (4) The required temporary license fee.
5     (j) The Department may refuse to issue an applicant a
6 temporary license authorized pursuant to this Section if,
7 within 14 working days following its receipt of an application
8 for a temporary license, the Department determines that:
9         (1) the applicant has been convicted of a crime under
10     the laws of a jurisdiction of the United States that is:
11     (i) a felony; or (ii) a misdemeanor directly related to the
12     practice of the profession, within the last 5 years;
13         (2) the applicant has had a license or permit related
14     to the practice of practical nursing revoked, suspended, or
15     placed on probation by another jurisdiction within the last
16     5 years and at least one of the grounds for revoking,
17     suspending, or placing on probation is the same or
18     substantially equivalent to grounds in Illinois; or
19         (3) the Department intends to deny licensure by
20     endorsement.
21     (k) The Department may revoke a temporary license issued
22 pursuant to this Section if it determines any of the following:
23         (1) That the applicant has been convicted of a crime
24     under the law of any jurisdiction of the United States that
25     is (i) a felony or (ii) a misdemeanor directly related to
26     the practice of the profession, within the last 5 years.

 

 

HB4503 - 35 - LRB095 17744 RAS 43820 b

1         (2) That within the last 5 years the applicant has had
2     a license or permit related to the practice of nursing
3     revoked, suspended, or placed on probation by another
4     jurisdiction, and at least one of the grounds for revoking,
5     suspending, or placing on probation is the same or
6     substantially equivalent to grounds for disciplinary
7     action under this Act.
8         (3) That the Department intends to deny licensure by
9     endorsement.
10     (l) A temporary license shall expire 6 months from the date
11 of issuance. Further renewal may be granted by the Department
12 in hardship cases, as defined by rule and upon approval of the
13 Secretary. However, a temporary license shall automatically
14 expire upon issuance of a valid license under this Act or upon
15 notification that the Department intends to deny licensure,
16 whichever occurs first.
17     (m) All applicants for practical nurse licensure have 3
18 years from the date of application to complete the application
19 process. If the process has not been completed within 3 years
20 from the date of application, the application shall be denied,
21 the fee forfeited, and the applicant must reapply and meet the
22 requirements in effect at the time of reapplication.
23     (n) A practical nurse licensed by a party state under the
24 Nurse Licensure Compact under Article 80 of this Act is granted
25 the privilege to practice practical nursing in this State. A
26 practical nurse who has been granted the privilege to practice

 

 

HB4503 - 36 - LRB095 17744 RAS 43820 b

1 nursing in this State under this subsection (n) may be required
2 to notify the Department, prior to commencing employment in
3 this State as a practical nurse, of the identity and location
4 of the nurse's prospective employer.
5 (Source: P.A. 94-352, eff. 7-28-05; 94-932, eff. 1-1-07;
6 95-639, eff. 10-5-07.)
 
7     (225 ILCS 65/60-10)
8     (Section scheduled to be repealed on January 1, 2018)
9     Sec. 60-10. Qualifications for RN licensure.
10     (a) Each applicant who successfully meets the requirements
11 of this Section shall be entitled to licensure as a registered
12 professional nurse.
13     (b) An applicant for licensure by examination to practice
14 as a registered professional nurse must do each of the
15 following:
16         (1) Submit a completed written application, on forms
17     provided by the Department, and fees, as established by the
18     Department.
19         (2) Have graduated from a professional nursing
20     education program approved by the Department or have been
21     granted a certificate of completion of pre-licensure
22     requirements from another United States jurisdiction.
23         (3) Successfully complete a licensure examination
24     approved by the Department.
25         (4) Have not violated the provisions of this Act

 

 

HB4503 - 37 - LRB095 17744 RAS 43820 b

1     concerning the grounds for disciplinary action. The
2     Department may take into consideration any felony
3     conviction of the applicant, but such a conviction may not
4     operate as an absolute bar to licensure.
5         (5) Submit to the criminal history records check
6     required under Section 50-35 of this Act.
7         (6) Submit, either to the Department or its designated
8     testing service, a fee covering the cost of providing the
9     examination. Failure to appear for the examination on the
10     scheduled date at the time and place specified after the
11     applicant's application for examination has been received
12     and acknowledged by the Department or the designated
13     testing service shall result in the forfeiture of the
14     examination fee.
15         (7) Meet all other requirements established by the
16     Department by rule. An applicant for licensure by
17     examination may take the Department-approved examination
18     in another jurisdiction.
19     (b-5) If an applicant for licensure by examination
20 neglects, fails, or refuses to take an examination or fails to
21 pass an examination for a license within 3 years after filing
22 the application, the application shall be denied. The applicant
23 may make a new application accompanied by the required fee,
24 evidence of meeting the requirements in force at the time of
25 the new application, and proof of the successful completion of
26 at least 2 additional years of professional nursing education.

 

 

HB4503 - 38 - LRB095 17744 RAS 43820 b

1     (c) An applicant for licensure by examination shall have
2 one year after the date of notification of the successful
3 completion of the examination to apply to the Department for a
4 license. If an applicant fails to apply within one year, the
5 applicant shall be required to retake and pass the examination
6 unless licensed in another jurisdiction of the United States.
7     (d) An applicant for licensure by examination who passes
8 the Department-approved licensure examination for professional
9 nursing may obtain employment as a license-pending registered
10 nurse and practice under the direction of a registered
11 professional nurse or an advanced practice nurse until such
12 time as he or she receives his or her license to practice or
13 until the license is denied. In no instance shall any such
14 applicant practice or be employed in any management capacity.
15 An individual may be employed as a license-pending registered
16 nurse if all of the following criteria are met:
17         (1) He or she has completed and passed the
18     Department-approved licensure exam and presents to the
19     employer the official written notification indicating
20     successful passage of the licensure examination.
21         (2) He or she has completed and submitted to the
22     Department an application for licensure under this Section
23     as a registered professional nurse.
24         (3) He or she has submitted the required licensure fee.
25         (4) He or she has met all other requirements
26     established by rule, including having submitted to a

 

 

HB4503 - 39 - LRB095 17744 RAS 43820 b

1     criminal history records check.
2     (e) The privilege to practice as a license-pending
3 registered nurse shall terminate with the occurrence of any of
4 the following:
5         (1) Three months have passed since the official date of
6     passing the licensure exam as inscribed on the formal
7     written notification indicating passage of the exam. The
8     3-month license pending period may be extended if more time
9     is needed by the Department to process the licensure
10     application.
11         (2) Receipt of the registered professional nurse
12     license from the Department.
13         (3) Notification from the Department that the
14     application for licensure has been refused.
15         (4) A request by the Department that the individual
16     terminate practicing as a license-pending registered nurse
17     until an official decision is made by the Department to
18     grant or deny a registered professional nurse license.
19     (f) An applicant for registered professional nurse
20 licensure by endorsement who is a registered professional nurse
21 licensed by examination under the laws of another state or
22 territory of the United States must do each of the following:
23         (1) Submit a completed written application, on forms
24     supplied by the Department, and fees as established by the
25     Department.
26         (2) Have graduated from a registered professional

 

 

HB4503 - 40 - LRB095 17744 RAS 43820 b

1     nursing education program approved by the Department.
2         (3) Submit verification of licensure status directly
3     from the United States jurisdiction of licensure, if
4     applicable, as defined by rule.
5         (4) Submit to the criminal history records check
6     required under Section 50-35 of this Act.
7         (5) Meet all other requirements as established by the
8     Department by rule.
9     (g) Pending the issuance of a license under this Section,
10 the Department may grant an applicant a temporary license to
11 practice nursing as a registered professional nurse if the
12 Department is satisfied that the applicant holds an active,
13 unencumbered license in good standing in another U.S.
14 jurisdiction. If the applicant holds more than one current
15 active license or one or more active temporary licenses from
16 another jurisdiction, the Department may not issue a temporary
17 license until the Department is satisfied that each current
18 active license held by the applicant is unencumbered. The
19 temporary license, which shall be issued no later than 14
20 working days after receipt by the Department of an application
21 for the temporary license, shall be granted upon the submission
22 of all of the following to the Department:
23         (1) A completed application for licensure as a
24     registered professional nurse.
25         (2) Proof of a current, active license in at least one
26     other jurisdiction of the United States and proof that each

 

 

HB4503 - 41 - LRB095 17744 RAS 43820 b

1     current active license or temporary license held by the
2     applicant within the last 5 years is unencumbered.
3         (3) A completed application for a temporary license.
4         (4) The required temporary license fee.
5     (h) The Department may refuse to issue an applicant a
6 temporary license authorized pursuant to this Section if,
7 within 14 working days after its receipt of an application for
8 a temporary license, the Department determines that:
9         (1) the applicant has been convicted of a crime under
10     the laws of a jurisdiction of the United States that is (i)
11     a felony or (ii) a misdemeanor directly related to the
12     practice of the profession, within the last 5 years;
13         (2) the applicant has had a license or permit related
14     to the practice of nursing revoked, suspended, or placed on
15     probation by another jurisdiction within the last 5 years,
16     if at least one of the grounds for revoking, suspending, or
17     placing on probation is the same or substantially
18     equivalent to grounds for disciplinary action under this
19     Act; or
20         (3) the Department intends to deny licensure by
21     endorsement.
22     (i) The Department may revoke a temporary license issued
23 pursuant to this Section if it determines any of the following:
24         (1) That the applicant has been convicted of a crime
25     under the laws of any jurisdiction of the United States
26     that is (i) a felony or (ii) a misdemeanor directly related

 

 

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1     to the practice of the profession, within the last 5 years.
2         (2) That within the last 5 years, the applicant has had
3     a license or permit related to the practice of nursing
4     revoked, suspended, or placed on probation by another
5     jurisdiction, if at least one of the grounds for revoking,
6     suspending, or placing on probation is the same or
7     substantially equivalent to grounds for disciplinary
8     action under this Act.
9         (3) That it intends to deny licensure by endorsement.
10     (j) A temporary license issued under this Section shall
11 expire 6 months after the date of issuance. Further renewal may
12 be granted by the Department in hardship cases, as defined by
13 rule and upon approval of the Secretary. However, a temporary
14 license shall automatically expire upon issuance of the
15 Illinois license or upon notification that the Department
16 intends to deny licensure, whichever occurs first.
17     (k) All applicants for registered professional nurse
18 licensure have 3 years after the date of application to
19 complete the application process. If the process has not been
20 completed within 3 years after the date of application, the
21 application shall be denied, the fee forfeited, and the
22 applicant must reapply and meet the requirements in effect at
23 the time of reapplication.
24     (l) All applicants for registered nurse licensure by
25 examination or endorsement who are graduates of practical
26 nursing educational programs in a country other than the United

 

 

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1 States and its territories shall have their nursing education
2 credentials evaluated by a Department-approved nursing
3 credentialing evaluation service. No such applicant may be
4 issued a license under this Act unless the applicant's program
5 is deemed by the nursing credentialing evaluation service to be
6 equivalent to a professional nursing education program
7 approved by the Department. An applicant who has graduated from
8 a nursing educational program outside of the United States or
9 its territories and whose first language is not English shall
10 submit certification of passage of the Test of English as a
11 Foreign Language (TOEFL), as defined by rule. The Department
12 may, upon recommendation from the nursing evaluation service,
13 waive the requirement that the applicant pass the TOEFL
14 examination if the applicant submits verification of the
15 successful completion of a nursing education program conducted
16 in English. The requirements of this subsection (l) may be
17 satisfied by the showing of proof of a certificate from the
18 Certificate Program or the VisaScreen Program of the Commission
19 on Graduates of Foreign Nursing Schools.
20     (m) An applicant licensed in another state or territory who
21 is applying for licensure and has received her or his education
22 in a country other than the United States or its territories
23 shall have her or his nursing education credentials evaluated
24 by a Department-approved nursing credentialing evaluation
25 service. No such applicant may be issued a license under this
26 Act unless the applicant's program is deemed by the nursing

 

 

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1 credentialing evaluation service to be equivalent to a
2 professional nursing education program approved by the
3 Department. An applicant who has graduated from a nursing
4 educational program outside of the United States or its
5 territories and whose first language is not English shall
6 submit certification of passage of the Test of English as a
7 Foreign Language (TOEFL), as defined by rule. The Department
8 may, upon recommendation from the nursing evaluation service,
9 waive the requirement that the applicant pass the TOEFL
10 examination if the applicant submits verification of the
11 successful completion of a nursing education program conducted
12 in English or the successful passage of an approved licensing
13 examination given in English. The requirements of this
14 subsection (m) may be satisfied by the showing of proof of a
15 certificate from the Certificate Program or the VisaScreen
16 Program of the Commission on Graduates of Foreign Nursing
17 Schools.
18     (n) A registered nurse licensed by a party state under the
19 Nurse Licensure Compact under Article 80 of this Act is granted
20 the privilege to practice registered nursing in this State. A
21 registered nurse who has been granted the privilege to practice
22 nursing in this State under this subsection (n) may be required
23 to notify the Department, prior to commencing employment in
24 this State as a practical or registered nurse, of the identity
25 and location of the nurse's prospective employer.
26 (Source: P.A. 95-639, eff. 10-5-07.)
 

 

 

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1     Section 99. Effective date. This Act takes effect January
2 1, 2009.